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General
Use of Dasia.Net for illegal activities of
any kind, including unauthorized use (or attempted unauthorized use) of
Dasia.Net or other machines on the Internet, forging header information or
user identification information, and software piracy is prohibited.
Dasia.Net business and individual web
account rules
The advertisement of products or services for
sale in your web pages requires a business account or Dasia.Net Web
Publishing account. Resale of web space is only permitted on the Dasia.Net
Commerce Server.
Dasia.Net users may use up to 10 MB of web
space at no additional charge (provided that the 10 MB user disk quota is
not exceeded). Additional disk space is $1.00 for 1 MB per month for
personal accounts and $25 for 5 MB per month for business accounts if
arranged in advance, and $2.50 for 1 MB per month for personal accounts and
$30 for 5 MB per month for business accounts if not arranged in advance.
Pages which get extremely high volumes of
traffic are also subject to surcharges of $10 per 1,000 MB, which apply
after 1,000 MB of traffic per month. If you have a page which contains four
separate images, then it takes five "hits" to load the page on a
graphic browser (assuming the images aren't already cached by that browser).
If one image is repeated throughout a document (such as a bullet or icon),
it is only loaded once per page.
Usenet newsgroups
Dasia.Net places no content restrictions on
newsgroups except that (a) no illegal content is permitted and (b) each
newsgroup sets its own policies about what are appropriate topics for
discussion.
Posting 20 or more copies of the same article
("spamming") or continued posting of off-topic articles is
prohibited. Commercial advertisements are off-topic in virtually all Usenet
newsgroups (exceptions include the biz.* hierarchy).
Excessive crossposting (Breidbart Index 20 or
greater) is prohibited. The Breidbart
Index (or BI) is calculated by taking the sum of the
square roots of the number of newsgroups each copy of an article was
crossposted to. If two articles are posted, one crossposted to 9 newsgroups
and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16) = 3+4
= 7.
Articles which are "spam"
originating from Dasia.Net will be cancelled by Dasia.Net and the originator
may be charged for the cost of cleanup and responding to complaints.
Posting articles with forged header
information (e.g., a falsified "From:" field) is prohibited. Use
of anonymous remailers is acceptable use, so long as the use is not
otherwise illegal.
Users may not issue cancellations for
postings except those which they have posted themselves, those which are
forged to appear to come from them, or in newsgroups where they are the
official moderator.
For more information on Dasia.Net Usenet
policies, see paragraphs 26 and 27 of the user agreement, below.
Email
Sending harassing or mass unsolicited email
is prohibited. Forging header information in email is prohibited. Use of
programs such as mflash or storage of such programs on Dasia.Net servers is
prohibited.
For more information on Dasia.Net email
policies, see paragraphs 26 and 27 of the user agreement, below.
Internet Relay Chat
Use of IRC bots or storing them on Dasia.Net
servers is prohibited. Impersonating other users by forging one's email
address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise
hindering the ability of others to properly use IRC is prohibited.
The World Wide Web
Use of web pages for advertising or business
purposes requires a Business Account. Reselling of web space, selling
advertising on a web site, taking credit card orders, and sites containing
adult-oriented material require a Commerce Account.
The Company reserves the right to require an
upgrade of an account to a higher-end server for bandwidth, server load, or
other considerations.
Sites which receive extremely high traffic
may be required to move from the user web server to a higher-end web server.
For information about charges which may apply
to high-traffic web sites, see the Company's information about home pages.
Customer agrees that any material, text or
images that are hosted or "transclusioned" (images from another
site included on the page) by Dasia.Net will not violate or infringe any
copyright, trademark, patent, statutory, common law or proprietary rights of
others.
Pages containing adult-oriented material must
contain appropriate warnings and must contain PICS (Platform for Internet
Content Selection) ratings code. Information on using PICS can be found at http://www.microsys.com/pics/rating.htm.
Public FTP sites
Use of Dasia.Net FTP server for advertising
purposes requires a Dasia.Net Web Publishing or Business account. Reselling
FTP space is prohibited. Files containing pornography or nude images may not
be stored on Dasia.Net FTP server. Using Dasia.Net FTP server for the
exchange of pirated software or software designed to facilitate copyright
infringement, unauthorized use of computer systems, credit card fraud, or
other illegal activity is prohibited. See paragraph 8 of the user agreement
for more information.
Storage and transferring of files
Storing, transferring, or allowing to be
transferred (this includes FTP and the Web) any internal Dasia.Net file that
is not located in the user's own directory structure and owned by the user
is prohibited. This includes but is not limited to sending via FTP, allowing
outside access to, mailing, or otherwise giving access to any file that is
not owned by the user.
Hacking or cracking software,
utilities, and files
Any program, utility, or file that can be
used to allow unauthorized access or gain unauthorized information about a
computer, network, or file is prohibited. Storage of these archived
programs, software, utilities, or files in an archived format and only for
personal use or download is acceptable. Removing such files from their
archived or compressed state, attempts to run and/or attempting to compile
or use such software is prohibited.
Dasia.Net Internet Access Agreement
Posted 9/1/97
Dasia.Net Inc. ("Dasia.Net") agrees
to provide services to its customers ("Customer") according to the
following terms and conditions:
1. The benefits or rights conferred by this
agreement are nontransferable. Use of accounts on Dasia.Net machines are
limited to the individual or business whose name appears on the account.
Personal accounts may also be used by dependents of Customer living at the
same address.
2. Customer agrees to follow the Acceptable
Use Policy of any network Customer connects to, including Dasia.Net 's.
Dasia.Net Acceptable Use Policy and the current version of this Agreement
may be found at http://www.dasia.net/aup/user_agreement.html
3. Customer agrees to use all Dasia.Net
services in a manner consistent with any and all applicable laws. In the
event that services are not used in accordance with all applicable laws
including but not limited to local, state, and federal laws, Dasia.Net
reserves the right to cooperate with any and all law enforcement agencies.
4. If Customer is less than 18 years of age,
a copy of this Agreement must be signed by a parent or legal guardian, who
is responsible for all charges related to Dasia.Net services used by
Customer.
5. Use of Dasia.Net services for advertising
or promotion of commercial products or services requires a business account.
Resale of Dasia.Net services without a written agreement is prohibited.
6. Customer is responsible for all use of
Customer's accounts on Dasia.Net machines and confidentiality of passwords.
Dasia.Net will suspend or change access to Customer's accounts immediately
upon notification by Customer that his or her password has been lost,
stolen, or otherwise compromised. Dasia.Net is not liable for any usage or
charges prior to Dasia.Net making the necessary account alteration.
7. Dasia.Net is not responsible for
Customer's personal files residing on Dasia.Net machines. Customer is
responsible for independent backup of his or her data stored on Dasia.Net
machines.
8. Customer agrees not to publish or
distribute any information through Dasia.Net services which violates or
infringes any copyright, trademark, patent, statutory or common law, or
proprietary rights of others, or which contains anything obscene or
libelous. Software intended to facilitate any such violations or
infringements may not be stored on Dasia.Net machines.
9. Dasia.Net reserves the right in its sole
discretion to delete or restrict access to any information entered into
Dasia.Net machines by Customer.
10. Dasia.Net , at its sole business
judgment, may terminate this Agreement immediately or suspend Customer's
access to Dasia.Net services upon any breach of this Agreement by Customer,
including, but not limited to, refusal or failure to pay for services
provided, or by sole judgment of Dasia.Net that Customer may be performing
activities harmful to Dasia.Net or its customers, employees, vendors,
business relationships, or any other users of the Internet.
11. Customer agrees to pay Dasia.Net all
charges relating to the use of Dasia.Net services according to rates and
prices at the time service commences, INCLUDING A ONE-TIME SIGNUP FEE.
12. Customer is responsible for charges at
the time the service is used and Dasia.Net may apply the amount due to
Customer's credit card at any time.
13. Failure to use Dasia.Net services does
not relieve Customer of payment obligations.
14. Customer must pay charges in a timely
manner to maintain services. Payments more than 15 days late may be assessed
a 5% late payment charge.
15. If Customer is paying by check, Customer
expressly authorizes Dasia.Net to debit Customer's checking account for the
amount of a check returned unpaid by Customer's bank, plus up to a $25
returned check fee.
16. Customer is responsible for all local and
long-distance telephone charges when using Dasia.Net services.
17. In the event the Customer defaults on
this Agreement, Dasia.Net may suspend or revoke Customer's service and the
Customer may have to resume service at the price Dasia.Net is charging to
new Customers. Customer agrees to pay Dasia.Net reasonable attorney's fees
and court costs, where permitted, in collecting the amount remaining in the
Customer's contract as stated in the sales order.
18. Dasia.Net may assign this Agreement, its
rights here under and its ownership of said service and commitment at any
time without notice.
19. In addition to any price specified
herein, Customer shall pay the gross amount of any present or future sales,
use, excise, value added or other similar taxes applicable to the price,
sales or delivery of any products or services furnished here under or to
their use by Customer.
20. Dasia.Net may offer a trial period during
which the Customer may cancel service without incurring any costs. It is the
responsibility of the Customer to contact Dasia.Net to cancel during the
trial period and receive verification that cancellation has occurred.
Failure to use Dasia.Net services does not constitute cancellation.
21. Dasia.Net may offer credits to Customers
who refer additional users who sign up for and keep Dasia.Net accounts
through at least one billing cycle, provided that the new users signing up
mention at the time of signup the login name or accounting ID number of the
Customer who referred them.
22. In the event of cancellation of service,
Customer is responsible for the full current month's charges unless
cancellation is received by Dasia.Net by the end of the 25th of the previous
month. Cancellation notice must be submitted by U.S. mail, email to
services@dasia.net
from the Dasia.Net account, or faxed to 704 373-2531. If Customer is
submitting cancellation via U.S. mail, "ATTENTION: CANCELLATION"
must be written on the envelope.
23. Dasia.Net services are provided on an
"as is, as available" basis. No warranties, expressed or implied,
including, but not limited to, those of merchantability or fitness for a
particular purpose, are made with respect to Dasia.Net or any information or
software therein. This in no way includes any reimbursement for losses of
income due to disruption of service by Dasia.Net or its providers.
24. Neither Dasia.Net nor its information
providers are responsible for any damages arising from Customer's use of
Dasia.Net services or by Customer's inability to use Dasia.Net services.
25. Dasia.Net reserves the right to change
without notice Dasia.Net services, including, but not limited to, access
procedures, hours of operation, menu structures, commands, documentation,
vendors, and services offered. Dasia.Net reserves the right to change prices
on 30 days notice published online.
26. The following violations of
"netiquette" are grounds for immediate suspension of service
pending investigation by Dasia.Net and will result in termination of the
account(s) the investigation determines to have originated or transmitted
these types of traffic. (a) Posting a single article or substantially
similar articles to an excessive number of newsgroups (i.e., 20 or more) or
continued posting of articles which are off-topic (e.g., off-topic according
to the newsgroup charter or the article provokes complaints from the regular
readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailings (i.e.,
to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a
provider other than Dasia.Net to advertise services hosted by Dasia.Net,
using a Dasia.Net account as a mail drop for responses, or using a domain
hosted by Dasia.Net or which has a Dasia.Net account as a contact address.
(d) Continued harassment of other individuals
on the Internet after being asked to stop by those individuals and/or by
Dasia.Net.
(e) Impersonating another user or otherwise
falsifying one's user name in email, Usenet postings, on IRC, or with any
other Internet service. (This does not preclude the use of nicknames in IRC
or the use of anonymous remailer services.)
(f) Use of IRC "bots" on Dasia.Net
, whether on our IRC server or any other. Such software may not be stored on
Dasia.Net machines.
27. Customers whose accounts are terminated
for any of the above infractions are also responsible for the cost of labor
to cleanup and respond to complaints incurred by Dasia.Net .
28. Dasia.Net reserves the right to terminate
or change priority of any process started by Customer on any Dasia.Net
machine.
29. Dasia.Net reserves the right to collect
damages (software, hardware, and man hours) if any harm is done to Dasia.Net
by Customer which requires repair or reconfiguration of any kind.
30. Dasia.Net unlimited interactive usage
dialup connections are not intended to be full-time dedicated connections
and will be disconnected after 20 minutes of inactivity. Customer agrees not
to use any automatic method to avoid disconnection, to keep the connection
active only when Customer is actively using it, and not to provide public
information services over the connection, including but not limited to web
and FTP servers. Dasia.Net reserves the right to impose restrictions on
accounts it deems to be in violation of these conditions.
31. Customer is in default of this Agreement
if: 1. Customer fails to abide by any present or future Dasia.Net term of
service; or 2. Dasia.Net does not receive a monthly payment on or before its
due date; or 3. Any material statement or information given by Customer to
Dasia.Net is false.
32. This Agreement and the rights and duties
of the parties shall be governed by and interpreted according to the laws of
the State of North Carolina.
33. Dasia.Net may modify these terms and
conditions upon notice published online. Customer's use of Dasia.Net
services after such notice shall constitute the Customer's acceptance of the
modifications to this Agreement.
34. Non-enforcement of any section of this
Agreement does not constitute consent and Dasia.Net reserves the right to
enforce this Agreement at its sole discretion.
35. This Agreement is a contract between
Dasia.Net and Customer, and grants no rights to any third parties.
36. Each and every provision set forth in
this Agreement is independent and severable from the others, and no
restriction will be rendered unenforceable by virtue of the fact that, for
any reason, any other or others of them may be unenforceable in whole or in
part.
37. This Agreement contains the entire
agreement and understanding between the parties hereto with respect to the
subject matter hereof, and supersedes all prior and contemporaneous
agreements, understandings, inducements and conditions, express or implied,
oral or written, of any nature whatsoever with respect to the subject matter
hereof, except where this Agreement is an amendment to a separate written
Master Service Agreement.
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